Terms of Use

Website Terms of Use

This Website is owned and provided by Baking and Cake Art Academy, Inc. (referred to in this agreement as “BCAA”, the “Company” “we” “us” or “our”) and is provided for your personal entertainment, information, and education. Your use of this Website, including without limitation your becoming a member, subscriber or placing an order (each such circumstance is considered a “use”), is subject to the following terms and conditions. Your use of the Website constitutes your acceptance of these terms and conditions and your agreement to be bound by them. If you do not agree to these terms or if you do not agree to our Privacy Policy posted on this site, please do not use this Website or any services or products offered by this Website. We reserve the right to change these terms and conditions at any time without notice. Please check back often to ensure you are aware of any updates or changes to these terms. This agreement shall apply to any purchase you make on this Website unless you have a separate purchase agreement with us, in which case the separate agreement shall govern.

Please read this document carefully. It contains important information about your rights and obligations, as well as limitations and exclusions that may apply to you. This document contains a dispute resolution clause that applies in certain circumstances.

You may also wish to review our Privacy Policy.

United States only

Unless otherwise specified, the materials in this Website are presented solely for the purpose of promoting products or programs available in the United States, its territories, possessions, and protectorates. We make no representation that materials in the site are appropriate or available for use in other locations. If you access the site from locations other than the United States, you are responsible for compliance with any applicable local laws.

Copyright and Intellectual Property Policy

All names, logos, service marks, and trademarks appearing in this Website, including the trademarks, service marks, brand identities, characters, trade names, graphics, designs, copyrights, trade dress, and all other intellectual property (“Content”), except as otherwise noted, are protected intellectual property of, or used with permission or under license by, BCAA and its affiliates. This includes the entire Content of the Website, copyrighted and protected as a collective work.

The use or misuse of these trademarks or any other content on this site, except as provided in these Terms of Use or in the site content, is strictly prohibited. You may print copies of the information on this site for your personal use, store the files on your computer for personal use, or reference this server from your own documents. However, you may not distribute text or graphics to others without our express written consent. Also, you may not, without our permission, copy and distribute this information on any other server, or modify or re-use text or graphics on this system or another system. We reserve all other rights.

Your use of the Website is limited to personal and non-commercial use only unless other uses are granted expressly to you. You may not copy, distribute, modify, transmit, reuse, re-post, or otherwise display the Website Content for public or commercial purposes without our written permission for such use of Content.

BCAA respects the intellectual property of others, and we ask our users to do the same. BCAA has no responsibility for content on other websites that you may find or access when using BCAA’s products or services. Material available on or through other websites may be protected by copyright and the intellectual property laws of the United States and/or other countries. The terms of use of those websites, and not this Website’s Terms of Use, govern your use of that material.

It is BCAA’s policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who may infringe or repeatedly infringe the copyrights or other intellectual property rights of BCAA and/or others.

Correspondence

Any comments, suggestions, feedback, ideas, or submissions (“Comments”) sent to BCAA shall become and remain our exclusive property. Your submission of such material shall constitute an assignment to BCAA of all worldwide right, title, and interest in and to the materials including all copyright and other intellectual property rights and a waiver of any claim based on moral rights, unfair competition, breach of implied contract, breach of confidentiality, and any other legal theory relating to submissions. We may use, copy, publish, modify, disclose, and distribute any Comments you send us, for any purpose whatsoever, without compensating you in any way. Therefore, we recommend that you do not send us any confidential materials or information or anything that you do not wish to unconditionally assign to us. We are and will be under no obligation: (i) to maintain any Comments in confidence; (ii) to pay to you or any third party any compensation for any Comments; or (iii) to respond to any Comments. You are and shall remain solely responsible for the content of any Comments you make. You will take all further acts as we request to effect the intent of this paragraph.

User Submitted Content

From time to time, this Website may allow users to post text, images, audio, video, links to other sites, or other content to the Website. As a consequence, you may see materials that have been submitted to this site by individuals not affiliated with BCAA. Neither BCAA nor any of its affiliates endorses these individuals nor are we in any way associated with any of the materials that they may post on this Website or link to from this Website. Neither BCAA nor its affiliates (nor their respective officers, employees, or agents) shall have any responsibility or liability of any nature whatsoever arising in connection with any materials provided by these individuals or in connection with any conduct of these individuals.

From time to time, you may elect to post text, images, audio, video, links to other sites, or other content to the Website. By posting, storing or transmitting any content on or to the Website, you hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, sublicensable right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit, and sublicense such content in any form, in all media now known or hereinafter created, anywhere in the world. You hereby irrevocably waive any claims based on moral rights and similar theories, if any.

We do not have the ability to control the nature of the content offered through the Website. You are solely responsible for your interactions with other users of the Website and any content that you post. We will not be liable for any damage or harm resulting from any content or your interactions with other users. We reserve the right, but have no obligation, to monitor interactions between you and other users of the Website and take any other action to restrict access to, or the availability of, any material that we or another user of the Website may consider to be obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable (including, without limitation, because it violates these Terms and Conditions).

Please do not request obscene, profane, or threatening language in gift messages, including any content that could violate any applicable law or regulation. We reserve the right to refuse to transmit any content that in the sole and exclusive discretion of BCAA is profane, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy, abusive, inflammatory, or otherwise objectionable.

Notice for Claims of Intellectual Property Violations and Agent for Notice

If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide BCAA with the following information:

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

2. a description of the copyrighted work or other intellectual property that you claim has been infringed;

3. a description of where the material that you claim is infringing is located on the Website, with enough detail that we may find it;

4. your address, telephone number, and email address;

5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;

6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Please send this Notice of claims of copyright or other intellectual property infringement to:

By mail

BCAA, Inc.

11820 Allaseba Drive,
Los Angeles, CA 90066

By email

info@bakingandcakeart.com

Please note that, due to security concerns, attachments cannot be accepted. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed.

Disclaimer

Without limiting the foregoing, everything on the Website is provided to you “AS IS” WITHOUT WARRANTY OF ANY KIND EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR TITLE AND NON-INFRINGEMENT. ADDITIONALLY, WE DO NOT WARRANT THAT THE WEBSITE(S) OR THE SERVERS MAKING THE SITE(S) AVAILABLE ARE VIRUS FREE. We do not warrant that the functions contained in these materials will be uninterrupted or error free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the result of the use of the materials in this site in terms of their correctness, accuracy, reliability, or otherwise.

Your use of the Website is at your risk. Neither BCAA nor any of its affiliates will be liable for any damages including direct, indirect, incidental, consequential, or punitive damages, arising out of your access to or use of the Website and however caused, whether in contract or tort. If you become dissatisfied in any way with this Website or its Terms of Use or Privacy Policy, your sole and exclusive remedy is to stop using this Website and its services. (Some states do not allow the disclaimer of implied warranties or the exclusion or limitation of certain types of damages, so these provisions may not apply to you. If any portion of these limitations on liability is found to be invalid or unenforceable for any reason, then the aggregate liability of BCAA and its affiliates shall not exceed one hundred dollars ($100).)

Links

This Website may contain Links allowing you to leave this Website for other sites that are not under our control. We are not endorsing any such Linked sites. We are not responsible for the contents or transmission of any Linked Site or any Link contained in a Linked Site or for ensuring that the Linked Sites are error and virus free. Nor are we responsible for the terms of use or privacy practices of such sites. We encourage you to carefully read the policies of each site you visit.

Submitted ideas

All comments, suggestions, ideas, notes, drawings, concepts, recipes or other information disclosed or submitted to us by you through this Website or in response to solicitations in this Website (“Submitted Ideas”) shall be and shall remain our property. You understand and acknowledge that we have both internal and external resources which may have developed or may in the future develop ideas or other items identical to or similar to the Submitted Ideas and that we are only willing to consider the Submitted Ideas on these terms. In any event, no Submitted Idea is submitted in confidence and we assume no obligation, express or implied by considering the Submitted Idea. Without limitation, we shall exclusively own all now known or hereafter existing rights to the Submitted Ideas of every kind and nature throughout the Universe and shall be entitled to unrestricted use of the Submitted Ideas for any purpose whatsoever, commercial or otherwise without compensation to the provider of the Submitted Ideas.

Privacy Policy

We take your privacy and your privacy concerns very seriously. That is why we have adopted our Privacy Policy explaining our online information collection practices and the choices you can make about the way information is collected and used. Please read and understand our Privacy Policy

Choice of Law and Enforcement

Your access to the Website as well as the terms and conditions and the agreement they create are governed and interpreted by the laws of the State of California without regard for conflict of laws provisions.

Agreeing to Terms

If you do not agree to these Terms of Use or the Privacy Policy posted on the Website, please do not use this site or any services offered by this site. We reserve the right to make changes to these terms at any time. Please check back from time to time to ensure you are aware of any updates or changes. Your use of our Website indicates acceptance of all terms.

Contact Information

You may send your comments to us at info@bakingandcakeart.com.

Indemnification

You agree to defend, indemnify, and hold BCAA and its affiliates, and their respective shareholders, directors, officers, employees, agents, distributors, and vendors harmless from and against any and all claims, damages, losses, liabilities, costs and expenses, including, without limitation, attorneys’ fees, arising from, connected with, or related to: (i) your use of the Website; (ii) alleged breach of these terms; or (iii) any activity related to your account by you or any other person accessing the site using your account.

Arbitration of Disputes

You agree that you will submit any dispute relating to your visit to BakingandCakeArt.com or any affiliated website to confidential arbitration in Los Angeles, California, except to the extent and manner you have violated or threatened to violate any rights of BCAA or its affiliates and you hereby consent to submission by BCAA of any dispute relating to your visit to BakingandCakeArt.com or any affiliated website to confidential arbitration in Los Angeles, California. The prevailing rules of the American Arbitration Association shall govern such a dispute. The arbitration award shall be binding and can be entered as a judgment in any court of competent jurisdiction. BCAA or its affiliates may seek injunctive or other appropriate relief in any state or Federal Court in the State of California, and you waive any objection to exclusive jurisdiction and venue in such courts.

Notice

Unless stated otherwise in these Terms and Conditions all notices required by or permitted to be given under these Terms and Conditions will be in writing and delivered to the other party by any of the following methods: (i) hand delivery, (ii) certified U.S. mail, return receipt requested, postage prepaid, (iii) overnight courier, or (iv) electronic mail. If you give notice to BCAA, you must use the address shown on the Website. If we provide notice to you, we must use the contact information provided by you during the registration process. All notices will be deemed received as follows: (i) if by hand delivery, on the date of delivery, (ii) if delivery by U.S. Mail, on the date of receipt appearing on a return receipt card, (iii) if by overnight courier, on the date receipt is confirmed by such courier service, or (iv) if by electronic mail, 24 hours after the message was sent, if no “system error” or other notice of non-delivery is generated. Each party agrees that any notice that it receives from the other party electronically satisfies any legal requirement that such communications be in writing.

 

Modification and Termination

BCAA may, in its sole discretion, change, modify, suspend, make improvements to or discontinue any aspect of the Website, temporarily or permanently, at any time without notice to you, and we will not be liable for doing so. If you do not agree with any changes made to the Website, you may elect not to use or visit the Website.

We reserve the right to immediately terminate these Terms and Conditions and/or your access to and use of the Website at any time and for any reason, with or without notice. Neither BCAA nor its affiliates will have any liability for such termination.

If you have an account, you may terminate your account for any reason at any time by providing notice to us of your intention to do so, subject to these Terms and Conditions.

If your account is terminated, BCAA may, in its sole discretion, delete any websites, files, graphics or other content or materials relating to your use of the Website and we will have no liability to you or any third party for doing so. Following termination, you will not be permitted to use the Website. If your account or your access to the Website is terminated, BCAA reserves the right to exercise whatever means it deems necessary to prevent unauthorized access to the Website, including, but not limited to, technological barriers, IP mapping, and direct contact with your Internet Service Provider (ISP). Regardless of whether you have the right to access or use the Website or the Services, these Terms and Conditions will survive indefinitely unless and until we choose to terminate them.

Purchasing Products

Our website invites you to make us an offer to buy the items shown on the pages. Your order is an offer to buy some of those goods, which we accept only by shipping the good(s) ordered. Any confirmation that you receive after placing an order does not constitute an acceptance of your offer, and is subject to correction before shipment in the event of inaccuracies, errors, product unavailability, or for any other reason. The risk of loss and title for all items purchased via the BCAA website passes to you upon delivery of the product to a common carrier. You are solely responsible for filing any claims with carriers for damaged and/or lost shipments and agree to hold us harmless for the same.

Shipping Terms

When an order is placed, it will be shipping to an address designated by you as long as that shipping address is compliant with the shipping restrictions contained on this website. Shipping and handling fees are included with your purchase unless otherwise indicated at the time of sale. Shipping dates are estimates only.

Errors

It is our intention to make this website thorough, accurate, and helpful to our customers. Nonetheless, there may be times when certain information contained on the Website may be incorrect, incomplete, or inaccurate. We apologize in advance for any such errors that may result in an incorrect price, item unavailability or otherwise affect your order. Please understand that the content of this website is presented on an “as is” basis and we make no claim as to its accuracy, either expressed or implied. We reserve the right to correct errors (whether by changing information on the Website or by informing you of the error and giving you an opportunity to cancel your order) or to update product information at any time without notice.

Availability and Pricing

Quantities of some items may be limited and stock cannot always be guaranteed. When an item is out of stock and cannot be replenished we will attempt to remove the item from the Website in a timely manner.

Products offered for sale on this website are for sale only in the United States and all prices are quoted in U.S. dollars. We may occasionally make errors in the stated prices on our website. If a product’s correct price is higher than the listed price, we will, in our discretion, either confirm the correct price with you or cancel your order and notify you of such cancellation.

Payment Terms

Payment terms are within the Company’s sole discretion, and, unless otherwise agreed to by the Company, payment must be made at the time of purchase. Your order is subject to cancellation by the Company, at the Company’s sole discretion. The Company is not responsible for pricing, typographical, or other errors, in any offer by the Company and reserves the right to cancel any orders resulting from such errors.

Returns, Refunds and Cancellations

All merchandise purchased from the Company may be returned to the Company for a full refund or replacement within 14 day of delivery provided that merchandise is returned in its original condition and in its original packaging.

No merchandise will be accepted for replacement or refund after this 14 day period and all sales will be considered final.

SUBSCRIPTIONS

Subscription Period: The minimum BakingandCakeArt.com subscription time is 1 month. Baking and Cake Art Academy, Inc. (“BCAA”) does not prorate subscriptions for less than 1 months.

Renewal and expiration: You will be notified of the need to renew your account by e-mail well in advance of your subscription expiration date. Your subscription will be terminated on the expiration date unless you confirm your intention to renew your subscription.

Cancellation: You may cancel your ongoing membership at any time by sending an email to the Company at info@bakingandcakeart.com or changin your Automtic Renewal settings in your My Account section. All email cancellation requests must be received by the first day of the month. Email cancellation requests received after the first of the month shall apply to the following month.

Miscellaneous

These Terms and Conditions (including the documents referenced herein) contain the entire understanding of you and us regarding the Website, and supersede all prior and contemporaneous agreements and understandings regarding its subject matter. These Terms and Conditions will be binding upon each party and its successors and permitted assigns, and governed by and construed in accordance with the laws of the State of California without reference to conflict of law principles. These Terms and Conditions and all of your rights and obligations under them will not be assignable or transferable by you without the prior written consent of BCAA. No failure or delay by a party in exercising any right, power, or privilege under these Terms and Conditions will operate as a waiver thereof, nor will any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under these Terms and Conditions. The parties are independent contractors, and no agency, partnership, joint venture, and/or employee-employer relationship is intended or created by these Terms and Conditions. The invalidity or unenforceability of any provision of these Terms and Conditions will not affect the validity or enforceability of any other provision of these Terms and Conditions, all of which will remain in full force and effect.

 

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